On April 19, 2024, the EEOC published its final rule regarding the Pregnant Workers Fairness Act (“PWFA”). The PWFA requires covered employers to provide reasonable accommodations to qualified employees or candidates with a...more
In Harris v. FedEx Corp. Servs., Inc., No. 23-2003, a Fifth Circuit panel vacated a $365 million punitive damages award in race discrimination and retaliation case, finding that the plaintiff Jennifer Harris (“Harris”) failed...more
On August 18, 2023, the U.S. Court of Appeals for the Fifth Circuit expanded the types of employment actions that may constitute “adverse employment action” under Title VII in Hamilton v. Dallas Cnty., 5th Cir. en banc. No....more
Five years ago, Hollywood actresses, Olympic gymnasts, and women across a variety of sectors sparked the #MeToo movement with allegations of sexual harassment against entertainment, sports, and business leaders. The movement...more
10/25/2022
/ #MeToo ,
Anti-Harassment Policies ,
Arbitration ,
Equal Employment Opportunity Commission (EEOC) ,
Non-Disclosure Agreement ,
Noncompliance ,
Settlement Agreements ,
Sexual Assault ,
Sexual Harassment ,
Workplace Harassment Guidance ,
Zero Tolerance Policies
On March 31, 2022, a Kentucky jury unanimously awarded $450,000 to an employee, who was terminated following two panic attacks the employee suffered at work. The jury concluded the employee’s anxiety disorder was a disability...more
On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more
4/5/2022
/ ADEA ,
Adverse Employment Action ,
Age Discrimination ,
Bias ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Hiring & Firing ,
Sex Discrimination ,
Summary Judgment ,
Title VII ,
Wrongful Termination
Mental health is the latest emergent issue for employers due to recent events such as the ongoing COVID-19 pandemic, resulting recession and other factors like the perpetual display of racial injustices in the...more
2/4/2022
/ American Rescue Plan Act of 2021 ,
Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
Mental Health ,
Risk Mitigation
On January 7, 2022—the same day the Supreme Court of the United States heard oral arguments concerning the OSHA workplace vaccine mandate—the Louisiana Supreme Court (“LA Supreme Court” or the “Court”) upheld a private...more
1/10/2022
/ At-Will Employment ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Declaratory Relief ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Healthcare Workers ,
Infectious Diseases ,
Injunctive Relief ,
LA Supreme Court ,
Right to Privacy ,
State Labor Laws ,
Vaccinations ,
Workplace Safety